Account Settings

ReportingCloud Services Agreement

TEXT CONTROL REPORTINGCLOUD SERVICES AGREEMENT

This Text Control ReportingCloudTM services agreement is between
Text Control
GmbH ("Text Control")
and "you".

You agree that this is like any written negotiated agreement signed by you.

Text Control MAY CHANGE, ADD OR REMOVE ANY PART OF THIS AGREEMENT, AND ANY PART OF THE
SERVICES, AT ANY TIME. IF ANY FUTURE CHANGES TO THIS AGREEMENT ARE UNACCEPTABLE TO YOU, YOU SHOULD REFUSE
TO ACCEPT ANY UPDATED TERMS PROPOSED TO YOU BY Text Control AND YOU MUST DISCONTINUE USING THE SERVICES.

Use of the service

1.1 Your agreement. Your assent to this agreement allows you to use one or more
of the services. If you do not agree to such amended terms, you must stop
using the services and therefore terminate this agreement. Text Control may discontinue or add
new services, aspects, features
or costs to certain services from time to time at its sole discretion.

1.2 Authority to use services. You represent and warrant that you have all
necessary
right, power and authority to enter into this agreement and to perform the acts
required
of you hereunder, including having a valid license to use the software applications
that
generate content, and the right to maintain content and your information or the
information of participants on the services.

1.3 Access to services. You acknowledge that your ability to access the services
may require the payment of third party fees (such as telephone toll charges, ISP, or
airtime charges) and that you are responsible for paying such fees. Text Control is not
responsible for any equipment you may need to be able to access the services.

1.4 Log-in information. To gain access to and use the services, you may be
required
to create a Text Control ReportingCloud account and password. You are responsible for all activity occurring
under your Log-In
Information, and you must keep your Log-In Information confidential and not share
your
Log-in information with other individuals or third parties. Text Control has no obligation or
responsibility with regard to your use, disclosure, or management of Log-in
information.

1.5 Your confidential information. If you maintain confidential information, trade
secrets, or other sensitive information on the services, you are solely responsible
for
implementing safeguards for such information that are additional to the security
measures
the services provide.

1.6 It is allowed to use the Text Control ReportingCloud Service for private and commercial purposes
in an 'end-user application'.
An 'end-user application' is a specific application program that is licensed to a
person or firm for business or personal use.
It is not allowed to use Text Control ReportingCloud to create another Web Service or product that
offers a similar service like Text Control ReportingCloud to other developers.

1.7 Text Control may consider to close your account at its sole discretion, when the usage
of the service implies an unlawful, illegal, fraudulent or harmful purpose or activity.

1.8 It is not allowed to use the Free and the Trial account in business or commercial applications.

1.9 It is not allowed to create more than one Free account in order to increase the document quota for an commercial application. Text Control is allowed to monitor the created accounts and the usage of such accounts based on used public IP addresses.

License to use the services

Subject to your compliance with the terms and
conditions of this agreement, Text Control grants to you a non-exclusive, non-transferable,
revocable right to access and use the services. If you want to use host your own ReportingCloud service, you have to contact Text Control to learn more about the
possibilties.
You shall not alter or remove any marks or Text Control copyright notices included in the
service.

Term and termination

3.1 This agreement will continue to apply until terminated by either you or
Text Control as set forth below.

3.2 If you want to terminate the agreement, you may do so by (i) notifying
Text Control at any time, and (ii) closing your accounts for all of the services. Your notice
must be sent in writing, to Text Control address.

3.3 Text Control may at any time terminate the agreement with you if:

You have breached any provision of the agreement (or have acted
in a manner that indicates to Text Control that you do not intend to, or
are unable to, comply with the agreement;

Text Control reasonably believes that it is required to do so by law (for
example, where the provision of the services to you is, or
becomes, unlawful);

The provision of the services to you by Text Control is, in Text Control
opinion, no longer commercially viable;

Text Control has elected to discontinue the services (or any part thereof);

There has been an extended period of inactivity in your account; or

Your account is used by any third parties.

3.4 Termination of your services account may, at Text Control sole discretion,
include one or more of the following: (i) removal of access to all offerings within
the
services; (ii) deletion of your password (if applicable) and all related information,
files,
and content associated with or inside your account (or any part thereof); and (iii)
barring
of further use of the services.

3.5 You agree that all terminations for cause shall be made in Text Control sole
discretion and that Text Control shall not be liable to you or any third party for any
termination
of your account, or access to the services and content.

3.6 Upon expiration or termination of the agreement, you shall promptly
discontinue use of the services.

Content

4.1 Your content. You may upload content to the services in connection with your
use of the services. Text Control does not verify, endorse, or claim ownership of any content,
and you retain all right, title, and interest in and to the content. By maintaining your
content on the services, you grant to Text Control a non-exclusive, worldwide, perpetual,
royalty-free and fully paid license under all intellectual property rights to copy,
distribute,
transmit, publicly display, publicly perform, transmit, and reformat your content solely
to deliver the services to you. Text Control shall make commercially reasonable efforts to
block the uploading of content to the services that contains viruses detected by using
industry standard virus detection software.

4.2 Your Representations and Warranties Regarding content. You represent and
warrant that (a) you are the owner, licensor, or authorized user of all content; and (b)
you
will not upload, record, publish, post, link to, or otherwise transmit or distribute
content
that: (i) advocates, promotes, incites, instructs, assists or otherwise encourages
violence
or any illegal activities; (ii) infringes or violates the copyright, patent, trademark,
service
mark, trade name, trade secret, or other intellectual property rights of any third party
or
Text Control, or any rights of publicity or privacy of any party; (iii) attempts to
mislead others
about your identity or the origin of a message or other communication, or impersonates
or otherwise misrepresents your affiliation with any other person or entity, or is
otherwise
materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises
inappropriate, harassing, abusive, profane, defamatory, hateful, libelous, threatening,
obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content
or activity; (v) is harmful to minors; (vi) contains any viruses, Trojan horses, worms,
time
bombs, or any other similar software, data, or programs that may damage, detrimentally
interfere with, surreptitiously intercept, or expropriate any system, data, Information,
or
property of another; or (vii) violates any law, statute, ordinance, or regulation
(including
without limitation the laws and regulations governing export control, unfair competition,
anti-discrimination, or false adverText Controling).

4.3 Text Control Access to content. You acknowledge that the services are automated
(e.g., content is uploaded using software tools) and that Text Control personnel will not access,
view, or listen to any content, except as reasonably necessary to perform the services,
including but not limited to the following: (a) respond to support requests; (b) detect,
prevent, or otherwise address fraud, security, or technical issues; (c) as deemed
necessary
or advisable by Text Control in good faith to conform to legal requirements or comply with
5
legal process; or (d) enforce this agreement, including investigation of potential
violations hereof, as further described in Section 6 (Investigations).

4.4 Notification of Copyright Infringement. Text Control will investigate notices of
copyright infringement and take appropriate actions. If you believe
that your work has been used or copied in a way that constitutes copyright infringement
and such infringement is occurring in connection with the services, please provide,
written notification of claimed copyright infringement to the
Designated Agent for the services (identified below), which must contain the following
elements:

A physical or electronic signature of the person authorized to act on behalf of the
owner of the copyright interest that is alleged to have been infringed;

A description of the copyrighted work or works that you claim have been
infringed and identification of what content in such work(s) is claimed to be
infringing and which you request to be removed or access to which is to be
disabled;

A description of where the content that you claim is infringing is located on the
Service;

Information sufficient to permit Text Control to contact you, such as your physical
address, telephone number, and e-mail address;

A statement by you that you have a good faith belief that the use of the content
identified in your Notice in the manner complained of is not authorized by the
copyright owner, its agent, or the law;

A statement by you that the information in your notice is accurate and, under
penalty of perjury, that you are the copyright owner or authorized to act on the
copyright owner's behalf.

Text Control Designated Agent for Notice of claims of copyright infringement can be reached
as follows:

By e-mail:
bjoern@textcontrol.com

Conduct

5.1 Use Restrictions. In connection with your access or use of the services, you agree
not to:

introduce a virus, worm, Trojan horse or other harmful software code or similar
files that may damage the operation of a third party’s computer or property or
information;

use the services in any manner that could damage, disable, overburden, or impair
any Text Control ReportingCloud server, or the network(s) connected to any Text Control ReportingCloud server or interfere
with any other party’s use and enjoyment of the services;

attempt to gain unauthorized access to service, materials, other accounts,
computer systems or networks connected to any Text Control ReportingCloud server or to the services,
through hacking, password mining, or any other means;

obtain or attempt to obtain any materials or information through any means not
intentionally made available through the services;

host, on a subscription basis or otherwise, the services, including any related
application, (i) to permit a third party to use the services to create, transmit, or
protect any content, or (ii) to conduct conferences or online meeting services for a
third party;

engage in any systematic extraction of data or data fields, including without
limitation e-mail addresses;

disclose, harvest, or otherwise collect Information, including e-mail addresses, or
other private information about any third party without that party’s express
consent;

sell, lease, or rent access to or use of the services, or otherwise transfer any
rights
to use the services under this agreement (including without limitation, on a
timeshare or service bureau basis);

defraud, defame, abuse, harass, stalk, threaten, or otherwise violate the legal
rights (such as rights of privacy and publicity) of others; or

upload, or otherwise make available, files that contain images, photographs,
software, or other material protected by intellectual property laws, including, for
example, and not as limitation, copyright or trademark laws (or by rights of privacy or
publicity) unless you own or control the rights thereto or have received
all necessary consent to do the same.

Investigations

6.1 Although Text Control does not generally monitor user activity occurring in connection
with the services or content, if Text Control becomes aware of any possible violations by you
of any provision of the agreement, Text Control reserves the right to investigate such
violations, and Text Control may, at its sole discretion, terminate immediately your license to
use the services or change, alter or remove content, in whole or in part, without prior
notice to you. If, as a result of such investigation, Text Control believes that criminal activity
has occurred, Text Control reserves the right to refer the matter to, and to cooperate with, any
and all applicable law enforcement authorities. Except to the extent prohibited by
applicable law, Text Control is entitled to disclose any information or content, in Text Control
possession in connection with your use of the services to (i) comply with applicable law,
legal process or governmental request; (ii) enforce the agreement; (iii) respond to any
claims that any content violates the agreement or rights of third parties; (iv) respond
to
your requests for customer services; or (v) protect the rights, property or personal
safety
of Text Control, its users or the public, and law enforcement or other government officials, as
Text Control in its sole discretion believes to be necessary or appropriate.

6.2 You agree to indemnify and hold Text Control harmless from and against any and all
liabilities, costs and expenses, including reasonable attorneys’ fees, related to or
arising
from your content, the content of Participants, and your or any Participant’s use of the
services.

Availability

Text Control uses reasonable efforts to make the services available 24 hours a day, 7 days a
week. However,
there will be occasions when the Service will be interrupted for maintenance, updates and
repairs.

DISCLAIMER OF WARRANTIES

8.1 YOU SHOULD NOT POST CONTENT WITHOUT MAINTANING A COPY
OF SUCH CONTENT IN ANOTHER LOCATION AS THE CONTENT MAY BE
ERASED. REMOVED OR CORRUPTED AT ANY TIME. WITH NO LIABILITY TO
Text Control. Text Control MAKES NO COMMITMENT OR WARRANTY THAT ANY
SERVICES OR SOFTWARE SIMILAR TO THE SERVICES OR Text Control ReportingCloud
SOFTWARE WILL BE OFFERED FOR COMMERCLAL USE. THE SERVICES AND
THE Text Control SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE BASIS" "WITH ALL FAULTS" AND WITHOUT WARRANTY OF
ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW'. Text Control, ITS
AFFILIATES, LICENSORS, AND ANY OTHER PARTY INVOLVED IN
CREATING. PRODUCING OR DELIVERING THE SERVICES OR THE Text Control
SOFTWARE DISCLAIMER ALL WAARRANTIES AND REPRESENTATIONS OF ANY
KIND, EXPRESS, IMPLIED, OR STATUTORY. INCLUDING WITHOUT
LIMITATION ALL WARRANTIES OF MERCHANTABILITY. FITNESS FOR A
PARTICULAR PURPOSE. ACCURACY. SYSTEM INTEGRATION OR
COMPATIBILITY, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, QUIET
ENJOYMENT, AND NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, Text Control DOES NOT WARRANT OR REPRESENT THAT THE
SERVICES OR THE Text Control SOFTWARE WILL BE CONTINUOUS, SECURE,
RELIABLE, ACCESSIBLE, UNINTERRUPTED OR ERROR-FREE, OR THAT
Text Control SERVERS AND SOFTWARE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. OR THAT Text Control SECURITY PROCEDURES AND
MECHANISMS WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER
ACCESS TO INFORMATION OR CONTENT BY THIRD PARTIES.

Limitation 0f Liability

NEITHER Text Control NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR THE INABILITY TO USE THE SERVICES OR ACCESS DATA,
INFORMATION OR CONTENT, LOSS OF BUSINESS, LOSS OF PROFITS,
BUSINESS INTERRUPTION, OR THE LIKE), ARISING OUT OF THE USE OF, OR
INABILITY TO USE, THE SERVICES AND BASED ON ANY THEORY OF
LIABILITY INCLUDING STATUTORY, BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF Text Control OR ITS REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE.